IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R. M. JOSHI, J.
Sonu S/o Laxman Mahajan – Appellant
Versus
Amrtulal S/o Devlal Lohar – Respondent
ORDER :
1. Learned counsel Mr. Vinesh C. Solshe seeks discharge on the ground that the respondents have engaged learned counsel Mr. V. R. Patil. He stands discharged.
2. Original defendants takes exception to the judgment and decree passed by the Trial Court in Regular Civil Suit No. 93/1977 granting decree of specific performance in favour of the plaintiff and confirmation thereof in Regular Civil Appeal No. 186/1986 by First Appellate Court.
3. Parties are referred to as “plaintiff and defendants” for the sake of convenience.
4. There is no dispute about the fact that plaintiff filed suit bearing Regular Civil Suit No. 93/1977 for seeking specific performance of the contract on the basis of agreement to sale executed by defendants dated 20.10.1973 for sale of suit property. There is no dispute about the fact that defendants are the owners and are in possession of the suit property. It is a case of the plaintiff that at the time of execution of agreement dated 20.10.1973, defendants have accepted sum of Rs. 3,500/- and subsequent thereto on 01.12.1973 further amount of Rs. 8,000/- was accepted. Parties were to execute sale deed on or before 23.05.1977. It was further agreed between th


The court affirmed that the burden of proof lies on the plaintiff to establish the validity of the agreement for specific performance, and that permission from the Collector is necessary under the Te....
Specific performance can be granted despite preliminary legal requirements if conditions do not amount to an absolute prohibition under applicable law.
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title.
The absence of signature proof does not invalidate a specific performance decree if the plaintiff demonstrates readiness and willingness to perform the contract as required under the Specific Relief ....
The court confirmed that an executed sale agreement constitutes a binding contractual obligation, dismissing claims that it functioned solely as a loan security.
A registered sale deed executed after full consideration cannot be challenged by a suit for specific performance without first seeking its cancellation.
Agreement to Sell – Suit for Specific Performance – Once execution of agreement to sell and payment/receipt of advance substantial sale consideration is admitted by vendor, thereafter nothing further....
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